Ontario man fighting to prevent dying mother from deportation

An elderly South African woman’s son is battling to keep his dying mother in Canada after she fell ill while visiting family in southern Ontario three years ago.

Gavin Stokes says his mother Patricia suffered a stroke during a six-month visit to Erin, Ont. in 2019. She is now facing deportation from the federal government despite Gavin filing a request to keep her in the country on “compassionate grounds.”

“I’ve got to fight to get results every day,” he says. “Instead of just being able to spend time with her, spend the last days with her together.”

Patricia’s health rapidly deteriorated after suffering the stroke and Gavin quickly became her primary caregiver. The hospital deemed her too sick to travel saying in writing “she will never be able to fly home to South Africa.”

“It’s gone from able-bodied person to totally disabled,” Gavin says. “Self-sufficient to being totally reliant on myself and others. It’s been mind-blowing.”

Patricia’s visitor visa expired while she was being treated in the hospital and the stay costed around $54,000 without OHIP coverage.

With the help of a lawyer, Gavin submitted an extensive application to the government to keep her in the country on ‘humanitarian and compassionate grounds.’

According to Immigration, Refugees and Citizenship Canada (IRCC), factors for consideration include an inability to leave the country, health considerations, and “consequences of your separation” from a relative.

“With her condition I never for a moment thought that they would deny her application, not for a moment,” Gavin says. “But then I got the denial.”

Humanitarian and compassionate factors that may be considered according to the Canadian government’s website include:

• establishment in Canada
• an inability to leave Canada that has led to establishment
• ties to Canada
• best interests of any children affected by your application (see following section for more information)
• health considerations
• family violence considerations
• consequences of your separation from relative
• factors in your country of origin (not related to seeking protection)
• any other relevant factors you wish to have considered that are not related to seeking protection.

Gavin says 18 months went by without a word from the IRCC before finally getting notice the application had been denied in October. The letter instructed the family to notify the government of Patricia’s travel arrangements to return home.

“If you fail to confirm your departure from Canada, enforcement action to remove you from Canada will result,” the letter reads.

Gavin says he’s tried to contact the IRCC and federal ministers for further guidance but has yet to receive a response.

The department has been dealing with a processing backlog that has delayed applications and hampered communication. The ongoing issues have led Gavin to believe his mother’s application was not properly considered.

CityNews reached out to the IRCC on Friday for Patricia’s deportation status but government offices were closed for Remembrance Day.

Gavin says he just wants to spend the remaining days with his mother in peace without worrying about government officials knocking on his door.

“(To) spend the last days with her together without having this over my head.”